Digital Commons Network^™

Excessive Prison Sentences, Punishment Goals, And The Eighth Amendment: "Proportionality" Relative To What?, Richard S. Frase

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Setting Sail With The Charming Betsy: Enforcing The International Court Of Justice's Avena Judgment In Federal Habeas Corpus Proceedings, Laura A. Young

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Knowledge Is Power: The Criminal Law, Openness And Privacy, Scott C. Hutchison

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Citizens deserve to know, and in some cases need to know, what their governments — including their courts — are up to. Governments like to be able to, and in some situations need to be able to, gather information about what “the governed” are up to. In recent times the fear generated by an unknown enemy with unknown resources rightly leaves state authorities anxious to preserve whatever advantage they might enjoy in combating terror. at the end of the day the test of a democratic legal system is not whether it permits secret proceedings, or gives the state the power …

2005 Aasu Volleyball Guide, Armstrong State University

Armstrong Athletics: Women's Volleyball Records (Archived)

No abstract provided.

Stop The Presses: The Impact Of Hosty V. Carter And Pitt News V. Pappert On The Editorial Freedom Of College Newspapers, Daniel A. Applegate

Case Western Reserve Law Review

No abstract provided.

A Judgement By Hunch: Revisiting Massachusetts' Rationale For Refusing To Increase Criminal Sentences Based On A Defendant's Alleged Perjury, Katherine Etherington

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Commencement Program (June 2005), Csusb

CSUSB Commencement Programs

No abstract provided.

Shifting Trends In Burden Of Proof And Standard Of Proof: An Analysis Of The Malimath Committee Report, Pooja Garg

National Law School of India Review

This note discusses the recommendations of the Committee on Reforms of the Criminal Justice System (Malimath Committee, 2003) in respect of burden of proof and standard of proof in criminal law. The note first examines the concepts of burden of proof and standard of proof and the various meanings attached to them. It then argues that the Malimath Committee has misread these various meanings. The second part of this note examines in detail the various standards of proof applicable in criminal law. The note suggests that the presumption of innocence and proof beyond reasonable doubt are not only entrenched in …

Federal Rules Update: Who Makes The Rules?, David A. Schlueter

Faculty Articles

There are a number of amendments to the Federal Rules of Criminal Procedure and Evidence which were approved and would become effective as of December 1, 2005. The amendment to Criminal Rule 12.2 permits the court to exclude evidence on a defendant’s mental condition if the defense failed to submit a mental examination. The amendment to Criminal Rules 29, 33, and 34 all concern the timing of requests for extensions of time. Criminal Rule 45 will be amended to conform with the changes to Rules 29, 33, and 34. The amendment to Criminal Rule 32.1 provides a right of allocution …

Seeking Synchronicity: Thoughts On The Role Of Domestic Law Enforcement In Counterterrorism, Jeff Breinholt

American University International Law Review

No abstract provided.

2004-2005 Faculty Senate Annual Report, University Of South Carolina

Faculty Senate

The primary file includes the 2004-2005 Athletics Advisory Committee Annual Report. Additional annual reports are attached.

Comprehensive Examination Of The University Of Montana Forensic Case 141, Amanda Marie Mason

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

What Is Equality?: The Winding Course Of Judicial Interpretation, Peter W. Hogg

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

It has been 20 years since section 15 of the Charter came into force. In this paper, Professor Hogg traces the “winding course” of judicial interpretation of section 15. The Supreme Court of Canada has changed the ground rules every few years as the judges have journeyed along that winding course. It has been a serious problem for any commentator foolish enough to try and keep a treatise on constitutional law up to date. Professor Hogg discusses the difficulty of applying a guarantee of equality focusing on cases from Andrews to Law and cases subsequent to Law and states that …

Female Survivors Of Intimate Partner Violence : Interactions With The Legal System, Kristen M. O'Shea

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Table Of Contents - Issue 1

Missouri Law Review

No abstract provided.

Fact Book 2005-06, Western Michigan University

Western Michigan University Fact Books

• General Information
• Enrollment Information
• Institutional Comparison
• Student Information
• Faculty Information
• Budgets and Resources

Amicus Filings And International Law: Toward A Global View Of The United States Constitution, Gordon R. Jimison

Catholic University Law Review

No abstract provided.

Uk Law Notes, 2005, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Difficult Times In Kentucky Corrections—Aftershocks Of A "Tough On Crime" Philosophy, Robert G. Lawson

Law Faculty Scholarly Articles

The objective of this article is to cast some light on corrections system problems brought on by elevated (and possibly unnecessary) levels of incarceration, and especially on problems that trouble the Kentucky corrections system and threaten to undermine the effectiveness of the state's justice system. Part II describes how the country came to embrace sentencing policies and practices capable of producing "a penal system of a severity unmatched in the Western world.” Part III describes Kentucky's embrace of equally harsh sentencing policies and practices and the inmate population explosion that has occurred as a direct result of those policies and …

The Demographics Of Desegregation: Residential Segregation Remains High 40 Years After The Civil Rights Act Of 1964, Leland Ware

Saint Louis University Law Journal

No abstract provided.

Monstrous Impersonation: A Critique Of Consent-Based Justifications For Hard Paternalism, Thaddeus Mason Pope

Faculty Scholarship

Restricting a person's substantially voluntary, self-regarding conduct primarily for the sake of that person is hard paternalism. Particularly in the public health context, scholars, legislators, and judges are devoting increasing attention to discussing the conditions and circumstances under which hard paternalism is justified. One popular type of argument for the justifiability of hard paternalism takes its normative warrant from the consent of the restricted person.

In this Article, I argue that scholars and policymakers should abandon consent-based arguments for the justifiability of hard paternalism. Such arguments are torn between incoherence and lacking moral force. Very few consent-based arguments successfully resolve …

Can Good Judges Be Good Politician? Judicial Elections From A Virtue Ethics Approach, Marie Failinger

Faculty Scholarship

In this article, the author argues that it is only possible to determine whether judges are likely to be good judges if we understand the practice of judging and the telos of justice toward which its aims, and that elections cannot help voters determine what qualities are necessary in judges and for what reasons. Moreover, I argue that traditional elections require virtues in politicians which are not often found in good (virtuous) judges, making them an unsuitable way of selecting candidates.

Can Congress Buy Rluipa's Way To Constitutional Salvation, Benjamin D. Cramer

Case Western Reserve Law Review

No abstract provided.

L'Avocat : 2005, Louisiana State University Law Center

L’Avocat : The Louisiana State University Law Center Yearbooks

No abstract provided.

This Changes Everything: A Call For A Directive, Goal-Oriented Principle To Guide The Exercise Of Discretion By Federal Prosecutors, Mark Osler

Valparaiso University Law Review

No abstract provided.

The Expanding Role Of Magistrate Judges In The Federal Courts, Tim A. Baker

Valparaiso University Law Review

No abstract provided.

The Return Of Federal Judicial Discretion In Criminal Sentencing, Susan R. Klein

Valparaiso University Law Review

No abstract provided.

Justice Clarence Thomas And Incommunicado Detention: Justifications And Risks, Christopher E. Smith, Cheryl D. Lema

Valparaiso University Law Review

No abstract provided.

An Ethical Manifesto For Public Defenders, Monroe H. Freedman

Valparaiso University Law Review

No abstract provided.